Chap. 383.—An ACT ¢o amend and re-enact section 32 of an act entitled an act
to define ardent spirits and to prohibit the manufacture, use, sale, offering
for sale, transportation, keeping for sale, and giving away of ardent spirits,
or drugs, as herein defined, except as provided herein; declaring certain
ardent spirits contraband, and prescribing procedure for search therefor
and forfeiture thereof; to prohibit advertisement of such ardent spirits:
to prescribe the jurisdiction for trial and appeals of’ cases arising under
this act; to prescribe the force and effect of certain evidence and prosecu-
tions for violation of this act; to create the office of commissioner of pro-
hibition and to define his duties and powers and compensation; defining
intoxication and who is a person of intemperate habits within the meaning
of this act; prescribing a penalty for intoxication; prescribing certain rules
of evidence in certain prosecutions under this act; defining soft drinks;
providing how they may be sold; regulating the sale of toilet antiseptic
preparations, patent and proprietary medicines, and flavoring extracts;
exempting certain counties and cities from certain provisions of this act
and authorizing additional restrictions and limitations beyond the provisions
of this act as to sale, manufacture or delivery of ardent spirits in certain
counties and cities; to provide for the enforcement of this act and to pre
scribe penalties for the .violation of this act; to appropriate out of the
treasury of the State necessary moneys for the enforcement of this act;
and to repeal chapter 146 of acts of assembly, 1916, approved March 10.
1916, and all other acts or parts of acts in conflict with this act, approved
March 19, 1918. [H B 201)

Approved March 20, 1920.

1. Be it enacted by the general assembly of Virginia, That sec-
tion thirty-two of an act entitled an act to define ardent spirits and
to prohibit the manufacture, use, sale, offering for sale, transportation,
keeping for sale, and giving away of ardent spirits, or drugs, as herein
defined, except as provided herein; declaring certain ardent spirits
contraband, and prescribing procedure for search therefor and for-
feiture thereof; to prohibit advertisement of such ardent spirits; to
prescribe the jurisdiction for trial and appeals of cases arising under
this act; to prescribe the force and effect of certain evidence and
prosecutions for violation of this act; to create the office of commis-
sioner of prohibition and to define his duties and powers and com-
pensation; defining intoxication and who is a person of intemperate
habits within the meaning of this act; prescribing a penalty for
ACTS OF ASSEMBLY. 571

intoxication; prescribing certain rules of evidence in certain prosecu-
tions under this act; defining soft drinks, providing how they may be
sold, regulating the sale of toilet, antiseptic preparations, patent and
proprietary medicines, and flavoring extracts ; exempting certain coun-
ties and cities from certain provisions of this act, and authorizing
additional restrictions and limitations beyond the provisions of this act
as to sale, manufacture or delivery of ardent spirits in certain counties
and cities; to provide for the enforcement of this act and to prescribe
penalties for the violation of this act; to appropriate out of the
treasury of the State necessary moneys for the enforcement of this
act; and to repeal chapter one hundred and forty-six of acts of
assembly, nineteen hundred and sixteen, approved March tenth, nine-
teen hundred and sixteen, and all other acts or parts of acts in conflict
with this act, approved March nineteenth, nineteen hundred and eigh-
teen, be amended and re-enacted so as to read as follows:

Sec. 32. Election, salary and term of commissioner; suspension
by governor; report to governor; bond required.—The general assem-
bly at its session of nineteen hundred and twenty shall elect a com-
missioner of prohibition; whose compensation shall be thirty-five hun-
dred dollars per annum, and whose term of office shall be two years,
commencing on the first day of September after his election, termi-
nating on the thirty-first day of August, nineteen hundred and twenty-
two, on which date the office of the commissioner of prohibition is
hereby abolished. :

The governor of Virginia, by authority vested in him by sections
seventy-three and seventy-four of the Constitution, shall have the
power to suspend said commissioner from office for misbehavior, in-
capacity, neglect of official duty or acts performed without due author-
ity by law, but in any case in which this power is so exercised, the
governor shall report to the general assembly at the beginning of
the next session thereafter the fact of such suspension, and the cause
thereof; whereupon the general assembly shall determine whether
such commissioner shall be restored or finally removed, and the gover-
nor shall have the power during the recess of the general assembly
to appoint pro tempore a successor to the said commissioner; but
his appointment to such vacancy shall expire at the end of thirty days
after the commencement of the next session of the general assembly.
except as herein provided, the general assembly shall fill by electior
any vacancy in the office of commissioner, which election shall be fo:
the unexpired term.

The said commissioner shall make an annual report to the gover-
nor, which shall by the governor be biennially reported to the gen.
eral assembly; such report shall give in detail the expenditure of al
public moneys and the work of his department, together with suck
recommendations for new or additional legislation in reference to his
powers and duties as he may deem expedient. The said annual repor
of the commissioner shall also show: (1) the amount of money real.
ized during the preceding year from the sale of confiscated vehicles
in what county or citv the said vehicles were confiscated, and whict
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of said confiscated vehicles were seized by officers of his department
and which by local officers; (2) what proportion of the fines imposed
upon persons violating the provisions of this act were imposed upon
persons arrested by of&cers of his department, what proportion upon
persons arrested by local officers, and what proportion upon persons
arrested by joint action of his department and local officers; (3) what
quantity of the ardent spirits seized were seized by officers of his de-
partment; what quantity by local officers; and what quantity by joint
action of his department and local officers; and (4) the number of
defendants prosecuted for violating the provisions of this act by
attorneys of his department and the number prosecuted without assist-
ance of his department, giving in each case the number convicted and
the number acquitted; (5) the quantity of ardent spirits destroyed,
when and by whom, and the quantity sold, when and to whom sold, and
(6) from whose possession ardent spirits seized by officers of the pro-
hibition department were taken, and if not taken from a person, under
what circumstances seized.

Before entering upon the duties of his office the said commissioner
shall give a bond to be approved by the attorney general in the
penalty of ten thousand dollars for the faithful performance of his
duties.

In case of any vacancy in the office of commissioner during a recess
of the general assembly, by the death or resignation of the commis-
sioner, the governor shall fill such vacancy by the appointment of a
successor, whose term of office shall expire thirty days after the com-
mencement of the next session of the general assembly sitting after
the occurrence of such vacancy.